In ModernaTx, Inc. v. Arbutus Biopharma Corp., the Federal Circuit agreed with Arbutus that Moderna lacked standing at the time it filed its appeal, and determined that Moderna failed to demonstrate that it had standing throughout the pendency of the appeal.
On April 7, 2021, the Federal Circuit decided
Apple Inc. v. Qualcomm Inc., where it held that Apple lacked standing to appeal the final written decisions in two inter partes review (“IPR”) proceedings before the U.S. Patent Trial and Appeal Board (“PTAB”). Shortly before that, on March 22, 2021, almost one year after the Federal Circuit issued an earlier standing opinion in
Argentum Pharm. LLC v. Novartis Pharm. Corp., 956 F.3d 1374 (Fed. Cir. 2020), the Supreme Court denied a petition for a writ of
certiorari by Argentum. The Federal Circuit’s recent decision in Apple and the Supreme Court’s recent denial of
certiorari in
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-1. Federal Circuit Upholds Finding that Unauthenticated Source Code Printout Is Inadmissible as Evidence of Infringement
The United States Court of Appeals for the Federal Circuit recently affirmed two district courts decisions in which the courts granted Sharp s and Vizio s motions for summary judgement of noninfringement against Wi-LAN. The Federal Circuit first agreed with the lower courts that an unauthenticated printout of source code was inadmissible evidence. The Federal Circuit then affirmed the lower courts claim construction.
See Wi-Lan Inc. v. Sharp Elecs. Corp., Nos. 2020-1041, 2020-1043, 2021 U.S. App. LEXIS 9909 (Fed. Cir. Apr. 6, 2021) (Before Dyk, Taranto, and Stoll,
Circuit Judges) (Opinion for the Court, Dyk,